Chapter 3 Establishing the Rule of Law

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ESTABLISHING THE RULE OF LAW
SPEEDY TRIALS IN BIHAR

Introduction
While the ‘shining India’ was gaining the attention of world through its IT
industry, booming economy and a growing middle class, Bihar continued to remain
backward with symptoms of a failed state. The lawlessness, serious criminal incidents,
especially kidnapping of young children for ransom, along with a brutalized, corrupt,
politicized police force suggested signs of deterioration. The profile of former Chief
Minister Lallu Yadav as a rustic buffoon, opportunistic and corrupt politician added more
to this impression than anything else. Furthermore, the continuing caste conflicts, mass
killings and helplessness of the police in handling crime, maintaining order and dealing
with the growing attacks by naxalite groups added to the alarming perception that Bihar
had gone beyond the precipice.
Ironically, after independence and almost till the mid sixties Bihar enjoyed high
reputation for its administration. Paul Appleby, a distinguished professor of public
administration, noted in the 1950s that Bihar administration is functioning as it should in
a parliamentary democracy and commended Bihar's administration as one of the best in
the world (Appu 2005- EPW). At the time of independence in 1947, Bihar was in relative
terms, just as well-equipped as several other states in the country to embark on the path
of development and modernization (Jha 2006). Chief Secretary LP Singh and Inspector
General MK Sinha had a formidable reputation and they ran the civil and police services
with honor, discipline and integrity. Moreover, may other bureaucratic icons such as VP
Menon, JC Mathur, Rama Rau, Bhagwan Sahay and AN Jha re-invented the colonial
bureaucracy to initiate promising developmental projects. JC Mathur as the Education
Secretary virtually set Bihar on the path of higher education. He reorganized the Patna
University, the Bihar University; created the famous Netarhat School, the Nalanda,
Mithila and KP Jayaswal Research Institutes, Bihar Rashtrabhasha Parishad; inaugurated
the annual Vaishali festival or performing arts and culture, initiated the Comprehensive
History of Bihar and the Bihar through the Ages projects; highlighted and promoted the
Mithila school of painting and established a notable public library of Patna. Indeed, he set
up most of the institutions that formed the basis of a civil society that public leaders such
as Sachchidanand Sinha and Ali Imam and others of the earlier generations had initiated
(Jha 2006).
Bihar was also developing into a progressive state with high reputation of its first
Chief Minister Sri Krishna Singh. The state was peaceful and the government was
committed towards social reform. The first comprehensive land reform law in modern
India was enacted in Bihar and the first forensic laboratory in South Asia came up in
Patna. The mineral wealth of south Bihar [now Jharkhand] was seen as a major potential
of economic development of the region. Indeed, the establishment of major industries like
the steel plant at Bokaro, Hindustan Fertilizers at Ranchi and oil refinery at Barauni were
harbingers of greater development to come. A hard-working honest bureaucracy,
enlightened political leaders, an enlightened environment where education and
knowledge was prized and the forging of heavy industrial complex all suggested that
Bihar in the fifties symbolized the hopeful future of young India.
The Slide into Abyss
Alas, by mid-sixtes, Bihar began sliding into abyss and the 1967 Samyukta
Vidhyak Dal’s government marked the transition point. The political coalition that
replaced the Congress party did not last long but began a phase of short term
governments where for the next 20 years no Chief Minister lasted 1000 days at the helm.
Bindeshari Dubey completed so many days in late eighties but he too did not complete
his full term. Ironically, only Lallo Yadav and his wife Rabri Devi have completed a full
term of 5 years as the Chief Minister of Bihar since 1960. The inevitable caste conflict
also came to the brink with Rajputs pitted against the Bhumihars and the backward castes
beginning to assert themselves. The point of no return came with the 1974 Jai Prakash
Narayan’s andolan where the call for ‘total revolution’ wrecked havoc with educational
and other institutions of the state. This was also the time when the break away faction of
Marxist-Leninist cadres shifted their base from Naxalbari in West Bengal to central
Bihar.
By the mid-seventies Bihar was fast gaining the reputation of a lawless state.
Caste wars and mass killings began to take a major toll and Indira Gandhi’s visit to
Belchi village, ostensibly to inquire into the mass murders of Harijans by upper caste
Hindus, brought attention of the nation to a region beyond redemption. The eighties were
even more wasted years when Congress central command at Delhi played musical chairs
with state leaders. Furthermore, Chief Ministers like Jaganath Misra instituted corruption
and manipulation of bureaucracy to unprecedented dimensions. The illegal sale of Patna
railway station and Gandhi Maidan to fill the coffers of the corrupt only highlighted the
nadir of decadence in which Bihar had slipped. The final blow came when the already
maligned and disreputable police attempted to control crime by blinding suspects. The
notoriety of Bihar police could not have been more pronounced than by the horrible sight
of crime suspects blinded by acid thrown into their eyes. The fact that this exposure
occurred more as a result of caste divisions within the police hierarchy than as zeal to
reform the system further symbolized the sorry state of affairs in the organization.
Beginning 1989, the fifteen years of rule by Lallo Yadav, initially heralded as the
coming of backward castes to the forefront, was the final nail into the coffin. During this
time period the politicization of the police reached heights not even imagined few years
ago. Not only all transfer postings of officers was determined according to political
affiliations and alignment but also to ensure complete control of the political leadership
over an important instrument of the government. The fact that known dangerous
offenders like Pappu Yadav and Shahbuddin found a place in the ruling oligarchy and
could dictate to the administrative officers perhaps gave a new twist to the term criminal
justice administration. These dons could and did strike at will and were actively involved
in extortion, kidnapping and a host of criminal activities even when behind bars or on the
run (George and Yadav 2005: Ind express dec 10) . Further, many elected leaders of the
ruling party openly ran criminal gangs to extort money, kidnap for ransom and steal cars
brazenly. That many of these criminal activities occurred within the knowledge of chief
minister suggested the complete collapse of the state.
More seriously, during the rule of Lallo Yadav and his wife Rabri Devi,
approximately from 1990-2004, the insecurity and fear of crime pervaded the whole state.
Kidnapping for ransom emerged as the fastest growing ‘business enterprise’ and
alarmingly, many members of ruling party were alleged to be masterminding these
operations. “Between 1992 and 2001, local police recorded 24,338 cases of kidnapping in
the state” (Perry and Ahmad 2003). Furthermore, it remains well known that police
record only a fraction of the incidents and consequently, the number of kidnapping
crimes would have been much larger. Every area had been partitioned by the powerful
politicians whose influence ensured that the police dare not touch the known offenders
operating in those regions. In many cases, it was rumored that even the kidnapped victims
were hidden temporarily at the house of politicians where the police were person non
grata. The only relief was to negotiate with the kidnappers and pay the ransom for the
safety of the victims. Those who dared to oppose were summarily murdered. The case of
Dr NK Aggarwal of Patna was of this genre: he was asked to pay an extortion fee. Rather
than pay, he dared to report the matter to the police. Unfortunately, the police did nothing
but the criminals, angry at his audacity came to his clinic and murdered him in broad
daylight (George and Yadav 2005). The opposition leader Sushil Mody even alleged in
the assembly that almost 40 members of the Bihar Assembly were involved in
kidnapping incidents. However, Lallo Yadav and the police under him took no action and
the situation became so desperate that most entrepreneurs preferred moving out of the
state. The criminality also touched ordinary poor people. “In the district of Champaran,
the center of Bihar's bandit country, even men like $1-a-day sweet seller Ranji Singh, 30,
are seized by roaming gangs and given the unsavory choice: death, or a lifetime paying
installments on a $2,000 ransom” (Perry and Ahmad 2003).

A New Beginning- Changing the Course

In 2005, Nitish Kumar replaced Rabri Devi as the Chief Minister and promised to
bring a transformation. Even though Lallo Yadav’s party had lost the election but it was
not decimated. His party had won considerable number of Parliamentary seats in the
national elections held earlier to ensure that his power and say in the politics of country
was not diminished. He also gained a major portfolio in the central cabinet, becoming the
railway minister for the government of India.
The challenge of new administration led by Nitish Kumar to stop the slide into
abyss and make a return to normal developmental phase was formidable and not many
believed it could be done. This chapter examines the efforts of a remarkable
transformation of the police department that not only began the process of regaining its
reputation but also bringing a sense of optimism and justice to the people. Here we look
into the strategy of a remarkable police officer and his team, supported by a more
reformed political order, who developed a mechanism to bring rapid change through a
well conceived plan of action. This case study of Bihar is important for it suggests how,
even in a disreputable, inefficient and disorganized department it is still possible to make
an effective transformation.
Literature review suggests that the attempts to bring a transformation in the police
organization are besieged with many pitfalls. First, police are part of the wider system of
governance and associated with the criminal justice system where the institutions of
judiciary and the prison system are also important players. The reform of the police
cannot be taken in isolation without making simultaneous changes in the other wings of
judicial and prison systems. There are some examples of reforms being pushed from the
top by a committed political leadership such as what happened in Singapore, Japan and
even in 1829 for the London Metropolitan police department. Nevertheless, fundamental
changes come from the efforts of police leadership that has the support of political
executive and the people at large. For instance, the transformation in the New York
police department under the leadership of Commissioner William Bratton during the
1990s was possible due to the support of Mayor Giuliani and the middle classes who
supported police work in ridding streets of pan handlers and sweegers.
The transformation process initiated by the police leadership is compounded by
the constraints inherent in any organization. The support of subordinates and colleagues
in any change of policies is a major requirement but so also the general health of
organization. A police department lacking basic training, resources, personnel and
infrastructure is handicapped from the beginning. It is not sufficient to simply issue new
orders or focus upon some crime control strategies unless the supporting requirements of
committed and trained personnel with adequate resources are met in the first place.
Furthermore, the transformation strategy itself has to be developed with care and in-depth
knowledge of its associated factors. In a state where almost everything has gone to pieces
the biggest question is to determine what can have a major impact at the earliest and with
minimal cost. Moreover, in Bihar, where mass poverty can shame any observer, where
illiteracy rates go below most African nations and where infrastructure of roads,
electricity and communications is almost non-existent, the public expectations may not be
satisfied by limited police successes. The role of police, especially in a developing
economy and society undergoing rapid social changes is multifarious. It extends beyond
the notion of crime control, order maintenance and providing limited service to the
people. It is impossible to make a radical impact upon the phenomenon of crime. At
most, some successes in detecting difficult cases or apprehending big offenders is what
can be achieved in a short time. Similarly, maintaining order in a specific situation is a
big challenge but it can hardly enthuse the public and convince everyone that a major
transformation has taken place. Bihar and indeed, Indian police is notorious for its
obnoxious behavior and indifference to public complaints. Again, a large scale
transformation in every personnel of the big organization towards gentlemanly behavior
with the citizens is also difficult to achieve. Personnel changes can only come by
improving the supervision system, working conditions, training and emoluments of the
employees. None of this is possible in a short period of time and certainly it cannot be
achieved in the police department when pay scales and employee benefits are
comparatively tied to other sections of the government.
Taking in account all these factors it is interesting to see that something radical
could still be done in the police organization of Bihar. The credit goes to Abhyanand, an
IPS officer of 1977 batch who was appointed by the Chief Minister Nitish Kumar as
Additional Director General of Police- Headquarters. Abhyanand had a good reputation
and had served in various capacities in Bihar police with an honorable deputation in the
prestigious Central Bureau of Investigation. His father had also been one of the notable
Director Generals of Police in Bihar. However, caste identity remains a serious problem
in the casteist society of Bihar where a person is invariably associated with his or her
clan. Therefore, the Chief Minister, a Kurmi by caste had to retain the Director General
of the police AK Sinha who belonged to his caste even though his reputation was
questionable and he had been seen as a confidant of Lallo Yadav in the earlier regime.
Accordingly, Abhyanand had to work with a DGP of problematic credentials, face
aspersions on his caste linkages and function in a situation where he found himself to be
of considerably junior rank as compared to many other IPS officers present in the state. In
a hierarchically conscious bureaucracy this is a serious impediment for anyone
attempting to push policies that have not been handed down from the top.
A Radical Strategy
Rather than going for a public relations exercise, mass transfers and aggressive
action against crime violators, Abhyanand conceived a strategy to concentrate upon
successful prosecution of serious offenders. The unending trials and laborious judicial
proceedings had created an impression that even if police are able to apprehend the
culprits getting them convicted is impossible. There was much substance to these
apprehensions since trails were taking as much as twenty years for judgment! The delay
at the trial stage not only was enabling the offenders to get out on bail but also threaten
the witnesses, influence the investigating officers and temper with the evidence collected
during the investigation. The problem was also being compounded by the facts that not
only were senior officers being frequently transferred from the districts where trials had
begun but a large number of investigating officers would go missing too. The poor record
keeping system played havoc in keeping track of officers once they were transferred to
another post. It was even difficult to estimate the number of personnel serving in a district
since deletions from the rolls were not being made regularly after retirement.
Consequently, the judicial proceedings were further delayed as the prosecution
could not even produce its own witnesses and investigating officers. Moreover, physical
evidence such as case exhibits, blood samples and even firearms seized from the
offenders were stored in court malkhana which were in even more deprecit state. The
post of court officer is one of the most undesirable positions in the police department and
these postings are generally made as a form of punishment. Most of these officers are
disgruntled and desperately looking for political connections to bail them out of their
miserable position. The unrewarding work was compounded by the old system of
registers and files that were hand written and needed several kinds of cross-references for
proper upkeep. Few police officers concentrate upon maintenance of records and if it is to
be done in a small overcrowded dusty room with no supervision and as a form of
punishment, the work was bound to suffer. No wonder, the safe keeping of these items
and court documentation was neglected and over the years had been damaged severely.
The desperate situation was not only due to the indifference by respective
superintendents of police who usually determine all these postings in a district. The
ambiguous relationship between the prosecution and the police on one hand and the
control of judiciary over prosecuted cases further complicated the matter. The
prosecution of a case before the judge is the responsibility of the public prosecutor.
However, the status of a prosecutor in the Indian system is considerably lower than that
of the superintendent of police. In some states the annual report of prosecutor is also
initiated by the superintendent. Moreover, the prosecutor has been subordinated to the
District Magistrate, an IAS officer. On the other hand the SP is likely to belong to the
IPS, an institution at the helm of police organization from the beginning and which does
not consider itself any less than that of the IAS. Accordingly, the SP too does not
consider the prosecutor his or her equal. Furthermore, the prosecutor is not given any
resources. The prosecutor has to depend upon the DM or the SP for simple things such as
office furniture and staff. Further, the police court officer functions under the supervision
of prosecutor but is administratively controlled by the SP. In effect, the prosecutor
exercises no supervision over the police officer who runs the administration of his office.
Another problem is the control exerted by judiciary on the office of prosecution.
Except for the lower ranking public prosecutors all the senior prosecutors are private
lawyers appointed as prosecutors for specific criminal trials. In many cases they appear as
defense attorneys before the same judge. Invariably then, all the prosecutors attempt to
work closely with the judge and to attend to his requests. Again the fact that the lower
judiciary has been provided with poor resources implies that for many things the judge
too do not hesitate to make demands upon the prosecutor who in turn, goes to the court
officer to do something. There is also a widely held belief that police officers are
resourceful and can extort favors from vendors, businesses and public figures.
Accordingly, many members of the judiciary and the bar association frequently turn to
him for private favors. The global report 2007 by Transparency International suggests
that an estimated amount of Rs. 2630 crore was paid in bribes to the lower judiciary in
India in 2006 (India Tribune 2007).
The final administrative nightmare is the system where all physical evidence
collected from the investigation of a case is deemed the property of court and its
handling, storage and eventual destruction [after the trial is over] has to be done by
specific orders of the court. These are deemed to be court exhibits and hence controlled
by the judge holding the trial. On the other hand once the charge sheet is submitted the
police usually wash their hands and leave the matters to the prosecutor who is ill
equipped to handle not only all the documents related to the case but also the physical
evidence that may be crucial in proving the guilt of accused. Delay in trials implies that
police investigators, court officers and even the prosecutors change mid stream. There is
no system of institutional memory and trials get delayed further when time has to be
spent in reconstructing the prosecution case with all its missing witnesses and physical
evidence. A common sight at any subordinate court office is to see vehicles, cycles,
clothes, boxes and sundry materials lying scattered and unattended. The court space is so
limited that most of the material is left rotting on the streets. The final consequence of all
these administrative and system problems is that completing a trial expeditiously is
extremely difficult. This helps the offender who is deemed innocent till proven guilty
beyond reasonable doubt. He is largely released on bail and can offend again and again
with impunity with fear of immediate punishment.
It is to the credit of Abhyanand and his team that they still proceeded to seek
convictions despite all the above mentioned problems. As a strategy they devised a
simple but effective mechanism. Rather than going after all the pending cases they
selected cases related to the recovery of arms from the criminals. The advantage in
focusing upon prosecution cases covered under the Arms Act is that the evidence
required proving the guilt is fairly straight forward. The possession of a firearm without
license invites a stiff penal offense punishable by seven years in prison. Moreover, in
case where the firearm itself is country made then its illegality is established beyond
reasonable doubt for the only requirement is to show that it is still an effective weapon.
The witnesses in most such recoveries are largely police officers since they are generally
involved in apprehending these dangerous arms carrying offenders. Furthermore, the
quality of the firearm and its effectiveness is certified by the sergeant major or police
reserve inspector who is particularly trained in the handling of firearms. These reserve
officers are responsible for the training of police constables and frequently examine their
preparedness in the use of firearms. They are also the custodians of police arms stored in
the police armory. Thus, the court accepts them as an expert in describing the quality of
recovered firearm. Accordingly, in arms recovery cases all the witnesses and the court
expert are police officers.
Using this situation to their advantage, Abhyanand and his team collected
information about arms cases pending trial in different district courts. With this list they
set a team at the headquarters and the concerned district to trace the officers who were
witnesses in the case. They also worked to simultaneously trace the recovered firearm
kept somewhere in the court office. They also sought the cooperation of the judiciary in
completing the trial of these cases expeditiously. By ensuring that all the required
evidence is available the court too had no hesitation in conducting the trials on a priority
basis. In many cases the proceedings were completed within a few days and the judges
could give their verdict immediately. Suddenly, all over the state criminals found
themselves facing their nemesis and receiving sentences of seven or more years.
There seems to have been two major impact of achieving quick convictions in
arms act cases. First, it helped establish cordial relations between the judiciary and the
police administration bringing the entire team of investigators, court officers and
prosecutors working in close tandem with judges. The second important realization was
the larger impact upon the politicians, police and administrative officers, media and
citizens. These early successes suggested that all is not lost in Bihar and substantial
results can be obtained even in the pessimistic and dismal environment. Since the media
highlighted these cases and everyone saw this as a positive development many judges too
asserted and blocked the delaying tactics of defense lawyers. Suddenly, a situation began
to emerge where expeditious investigations were immediately followed by speedy trials
and quick convictions. In some cases the culprits were not only arrested immediately
after the incident but also found themselves being punished by the court within a
fortnight of the incident. At one stroke Abhyanand and his team overcame all the
obstacles that had impeded justice previously. The delays in arrest were addressed in
previous years by energetic police officers but subsequent action after the arrest was
never controlled. It had become a routine matter for offenders to get out on bail within a
short period of time and use the police mistakes to their advantage. For example, many
investigators never bothered to ensure submission of charge-sheet within the legally
stipulated 90 days for serious offenses. Many criminals could just walk away from the
prison even in cases of murder, dacoity and kidnapping because the police investigator
failed to submit the charge sheet in time before the judge. Sometimes this was due to help
a politically connected offender or one could bribe the investigator get bail but many
times the administrative lethargy was the reason. Bihar police manual provides that every
serious crime has to be supervised by at least the Deputy Superintendent of Police and the
final charge sheet has to be submitted by the order of the Superintendent. The
bureaucratic delay in completing the paperwork and ensuring that orders reach the
investigators in time were so formidable that many offenders got the advantage. The new
team addressed this problem by following the paper trail and getting compliance from
every level to ensure that there were no further any blockages.
Another serious problem was that there was no proper accounting of people being
released on bail. Invariably, once the offender was locked up the police forgot about him.
If he got out on bail the information rarely reached the concerned police station.
Furthermore, the police never verified the bail bonds nor tried to enforce them in case the
offender jumped bail and began his criminal activities once again. It had also become
common that many offenders produced forged or incomplete bail sureties for their
release. This was addressed in a professional manner. First, the police demanded that bail
sureties be verified before the offender is released. Second, that in case the bail bond was
found to be forged then the defense attorney who had to sign as a witness would be taken
to task. The pressure on the defense lawyer to either produce his client who has jumped
bail or to face displeasure of the court began to pay dividends. After release, most
offenders would not dare to violate their bail conditions. This helped the police not only
to quickly apprehend the fugitives but also keep surveillance over those who did manage
to get out on bail. Simple enforcement of exiting rules helped make police become
effective against the criminal elements who had been offending with impunity before.

The following case studies illustrate many of the policies described above.


CASE STUDIES OF IMPORTANT CONVICTIONS
Bihar Police Station Case Number 51/2006 dated 25-02-06 under section 364 (A) read
with 34 Indian Penal Code

Since kidnapping had become almost a daily occurrence and an impression had
been created that the police would not do anything if the criminals had political
connections the number of incidents actually started going up. The offenders were
brazenly operating and appeared to have no fear of the law. This was exemplified by the
case of one Shekhar Kumar who while returning from his daily tuition was stopped on
the road, forcibly pushed into a car, and threatened to be killed unless a ransom of Rs. 5
Lakhs was paid to these kidnappers. The gang was known to be operating with impunity
and reportedly had political connections. The incident and the demand for ransom were
reported to the police. The description of the car in which the kidnapping was carried out
enabled the police to immediately set a cordon and begin tracing the car. Fortunately,
before the criminals could leave the city they were apprehended and the victim was
recovered from their custody.
Shekhar Kumar named the three culprits who carried out the act as Amar Singh,
Rajniti Kumar and Kumar belonging to a near by locality. He reported that around 9.30
am on 25-02-2006 near a place called Muraura Chhilka, Biharsharif he was forcibly
picked up by these three offenders. The police registered the First information Report
[number 51/2006] at Bihar Police Station under section 364 (A) read with 34 Indian
Penal Code, naming the three as offenders. The officers examined the victim and other
eye witnesses of the case and verified the name and address of accused persons. The
description of the car, the statement of witnesses and the victim provided sufficient
evidence to establish that these three did kidnap the victim for ransom money. All the
subsequent investigation and recording of statements were completed within a short
period of time. The case was supervised by the Sub-divisional police officer and the
Superintendent ordered the investigating officer to submit a charge sheet in the court
barely ten days after the incident.
The police approached the courts for holding the trial expeditiously; a request that
was readily granted. In fact upon personal request of the police officers, the District and
Sessions Judge agreed for a day-to-day trial. The prosecution, armed with all the facts
decided to club some stages of the trial together. Thus, all three accused were placed on
trial simultaneously and faced the court together. Further, only those prosecution
witnesses were brought for their evidence that were considered minimally relevant. Many
witnesses were dropped for reasons of duplicity or for not being necessary to the charge
leveled against the culprits. This too was a professional but novel approach where the
prosecution decided to go for minimal evidence rather than attempt to prove beyond
overwhelming reasonable doubt the charges against the offenders. The confidence of
prosecution was strengthened by the meticulous collection of evidence by the police and
faith reposed by the senior police leadership in their ability to present and argue the case
strongly.
The police worked as a team and ensured regular attendance of the accused as
well as the prosecuting witnesses in the Court with cooperation of the local Police
Station. Again, as a professional strategy the team worked to brief the witnesses carefully
and prepare them for cross examination by the defense attorneys. This too marked a new
phase in the prosecution of cases in Bihar for earlier the witnesses were left to themselves
and never prepared to face the defense attorneys. In the final stage, the police engaged a
senior public prosecutor to ensure integrity and proficiency in prosecution.
The prosecution presented 7 witnesses to establish the nature of incident and
prove charges against the three offenders. The evidence under section 364-A, 120B read
with 34 IPC against the accused persons was successfully presented to the court while the
defense could not succeed in confusing the witnesses nor delay the proceedings. All the
three accused were convicted under these offenses and were sentenced to undergo
imprisonment for life and also to pay a fine of Rs. 5,000/ each and in default thereto
further undergo rigorous imprisonment for one year each for the offence u/s 364(A) read
with section 34 of IPC. No separate sentence was awarded for the offence committed u/s
120(B)/34 IPC.
The important sequence of dates for this case is summarized below which
suggests the flow of proceedings and the timely manner in which all requirements were
completed:
Date of incident:- : 25-02-2006
Date of registration of the Case : 25-02-2006
Arrest of the accused : 25-02-2006
Charge Sheet : 08-03-2006
Cognizance : 08-03-2006
Commitment to the Court of Session : 10-03-2006
Transfer to the Trial Court : 27-03-2006
Closure of Prosecution Evidence : 22-04-2006
Statement u/s 313 Cr.p.c. : 24-04-2006
Judgment : 12-05-2006

Harnaut PS Case No. 211/2005 dated 26-10-2005 u/s 364; 120(B) IPC

In another case it was alleged in the First Information Report that one Sudhir
Ram, a local teacher was kidnapped and murdered by five accused persons namely
Shankar Ram, Kankar Ram, Sugan Ram, Udil Ram and Sunil Ram on 24-10-2005. It was
alleged that Sudhir Ram had illicit relationship with his girl student who was the daughter
of Shankar Ram. There was no eye witness to the kidnapping but on the basis of
statements made by the witnesses the police arrested the accused persons and they
confessed killing the victim. They informed how the dead body of the victim was cut into
pieces and thrown in knee-deep water in a near by paddy field. Based on this confession
the police searched the paddy field and recovered some parts of the skeletal remains.
More significantly, a wrist watch of the victim was also recovered from this paddy field
and where other bones were found. It was established during investigation that the
accused persons had also demanded ransom of Rs. 50,000/- from the victim’s family
prior to the killing of the teacher. Therefore, accused persons were put on trial for
kidnapping for ransom as well as murder of the victim.
This case presented several problems for the investigators. First, there were no
eye witnesses to the incident. Nobody saw the accused luring away the victim and even
from the body parts the identity of the victim was difficult tot establish as the local police
had no facility of DNA evidence. However, based on the collected evidence senior police
officers decided that sufficient circumstantial evidence exists and gave orders for the
prosecution of the accused.
During the trial, sufficient numbers of witnesses were presented to establish the
prosecution’s story circumstantially. Every step was taken to ensure that all necessary
evidences were placed on record without delay. The argument of this case lasted for more
than 2 months even when the case was being tried on a daily basis. During the course of
trial it became clear that the evidence linking the charge of murder to the accused was the
weakest link. There was no evidence available from the place where the killing took
place and where the body was hacked to pieces. Moreover, there was no forensic
evidence from the paddy field and one which could link the accused to the site. Taking
stock of these weaknesses the prosecution and the police officers decided to emphasize
the charge of kidnapping for which sufficient evidence was available. There were a
number of witnesses who supported the information given in the First Information Report
that the accused demanded ransom from the victim’s family. The hard work paid off
when the prosecution using the limited circumstantial physical evidence succeeded in
establishing the charge of kidnapping for ransom. Despite dilatory tactics of the defense
attorneys and even veiled threats by the accused, the witnesses stood steadfast and
unwavering in their statements. All the 5 accused persons were ultimately convicted u/s
364(A) /34 IPC, a charge of kidnapping for ransom. All 5 accused were sentenced to
imprisonment for life and also to pay a fine of Rs. 25,000/ each and in default of payment
of fine, they would have to undergo further rigorous imprisonment for one year.
The timeline for the case is give below:
Date of incident:- : 24-10-2005
Date of registration of the Case : 26-10-2005
Arrest of the accused : 18-12-2005
Charge Sheet : 28-02-2006
Cognizance : 10-03-2006
Commitment to the Court of Session : 30-03-2006
Transfer to the Trial Court : 17-04-2006
Framing of Charge : 24-04-2006
Closure of Prosecution Evidence : 06-06-2006
Statement u/s 313 CrPC : 07-06-2006
Judgment : 19-10-2006
Sentence : 23-10-2006

Cases of murder and use of firearms cause extraordinary sensation and raise the
level of fear in the community. The wanton killing of a human being, especially by
unknown assailants is a serious case for any investigator. If it is done in daylight and the
victim is seen as an innocent person with no criminal antecedents or reason for attack, the
fear invoked in the community is considerable. These are the type of cases that are picked
by media and the information is communicated far and wide. More than anything else
such cases linger long in public memory and promote the image of lawlessness. Bihar
gained its ill-reputation from such cases, particularly when the victim belonged to the
weaker sections and was apparently killed for a petty reason. The caste based mass
murders where several people belonging to the weaker sections were killed by upper
castes fueled the image of Bihar as a state where basic safety had been breached by
criminals. The allegation of state withering away in Bihar and the administration being
helpless in providing basic safety-security to its citizens was established in large measure
by such murder cases.
Accordingly, when the plans were being drawn to develop an effective response
and assert the credibility of the police administration Abhyanand and his team began
focusing upon these cases of murders. Gaining strength from the successes in arms cases
and the developing confidence in handling more serious cases, the team began the simple
process of quickly responding to the first information of murder cases. The cases were
quickly supervised by senior officers and resources were provided to the investigators to
follow the evidence and apprehend the accused in the shortest possible time.

The following cases illustrate the determined strategy implemented by the police:
Laheri Police Station Case No. 39/2006 dated 14-03-2006 u/s 302, 379 IPC and 27 Arms
Act

In the First Information Report it was alleged that one Mohammad Munna, a local
garment’s shop owner was killed by 6 unknown persons over a petty altercation at about
4-30 pm in his shop located at Alamganj. Beyond rudimentary information the first
information did not reveal any major information about the identity of offenders or any
details about the petty dispute that apparently formed the cause of murder. Fortunately,
the informant was an eye witness to the ghastly crime and who, it was felt could identify
the offenders. Utilizing some anonymous tips the local police apprehended four suspects,
one of who appeared to be rather young. The police concentrated upon him and
interrogated everyone separately cross checking their stories and confronting them in
cases of discrepancies to put more pressure upon telling the truth. The young person in
particular under intense interrogation that focused upon the movement before and after
the event broke down and confessed to the crime. The identity of all the six accused was
established though one Tuntun Paswan absconded and could not be immediately arrested.
What was more interesting was that some other witnesses came forward once the quick
arrest and confession became known. The accused were immediately placed on Test
Identification Parade and were fortunately identified by the informant.
The police leadership decided that this case was symbolic of the deliberate
criminal acts that were becoming the norm and creating fear amongst the citizens.
Accordingly, it was given prime attention and followed with day to day investigation.
Once the criminals were identified by the witnesses, police submitted the charge sheet
against the three accused persons. One of the accused, the young person named Raghuvir
@ Karu Mahto claimed to be juvenile and he was declared as such by the trial court.
Thereafter, the trial commenced against the 3 charge sheeted accused. In the meantime
three other suspects Somnath, Ranjit Kumar and one Chhotu Kumar were apprehended in
another criminal case. The Chief Judicial Magistrate took cognizance against them and
remanded in this case too. Once charges were framed, request for day-to-day trial was
made before the District and Sessions Judge who ordered for the same.
Again, the prosecution story was examined by senior officers and prosecutors and
it was determined that only a limited number of witnesses and exhibits will be placed to
build the case against the accused people. During the trial, the prosecution presented 11
witnesses who identified the accused and verified their movement before and after the
incident. The headquarters supervised the prosecution process and ensured regular
attendance of the accused as well as the witnesses with the help of local police. Before a
witness was placed on the stand his story was verified and rehearsed with the prosecutor
so that he could withstand the cross examination by the defense lawyers. Every witness
was instructed to stick to the brief given to him and the local police provided protection
so that the accused or their accomplices could not threaten them. Accordingly, it could be
ensured that there were no hostile prosecution witnesses as usually seen in many criminal
trials. Despite some unforeseen delays in holding daily trials, the summer vacation, the
presiding officer going for a long training, Indian festivals like Durga Puja and
Deepawali causing closure of the court due to official holidays, the trial was still
concluded in less than seven months. The court found three accused charge sheeted by
police, namely Dharmendra Ram, Jitendra @ Chhotu Mistri and Vikram Kumar guilty
and convicted and sentenced them to life imprisonment with a fine of Rs. 30,000/- each
u/s 302/34 IPC. The realized fine was stipulated to go to the father of the deceased.
The timeline for the case was as follows:
Date of incident : 14-03-2006
Date of registration of the Case : 14-03-2006
Arrest of the accused : 11-05-2006
Charge Sheet : 11-05-2006
Cognizance : 12-05-2006
Commitment to the Court of Session : 22-05-2006
Transfer to the Trial Court : 26-05-2006
Framing of Charge : 07-06-2006
Closure of Prosecution Evidence : 26-09-2006
Statement u/s 313 Cr.p.c. : 12-10-2006
Judgment : 25-11-2006
Sentence : 30-11-2006

Manpur Police Station Case No. 12/2006 dated 09-02-2006 u/s 302/34 I.P.C. and 27
Arms Act

The murder by unknown assailants over petty disputes is another set of case that
spreads fear amongst the residents. A harmless citizen with little money of property, with
no political or powerful caste connections is murdered over a petty altercation is perhaps
the nightmare of living in a lawless state. This further reiterates the perception of
helplessness and far of the seemingly powerful who can kill anyone without provocation
and can get away with impunity. The danger from those connected and with a reputation
of anti-social activities seems so threatening that the citizens are cowed into submission.
Accordingly, these were the cases that the team had to deal on a priority to restore faith of
the citizens in the revival of the state.
In this case the first information report informed the police that one Birendra
Kumar, while returning back to his native village on a bicycle was killed by some
unknown assailants near Sakari river. There was no apparent motive for the murder and
the deceased appeared to have no enmity nor was there any other family feud that could
culminate into murder. Fortunately, the initial police investigation learned that a metallic
blue Maruti van was abandoned at the place of the murder. The investigators traced the
owner of the Maruti van who disclosed that two persons namely Ravi Ranjan and
Shailendra Prasad and another accomplice had hired the vehicle for one day. This
information helped traced the driver since the van was rented after getting the particulars
of driver. The investigators moved quickly to locate the driver and his interrogation
helped in cracking the case. It turned out that the driver was indeed an eye witness to the
gruesome crime and he disclosed that these persons- Ravi and Shailendra along with their
third associate got into an abusive slinging altercation with the deceased over not helping
them in getting the van out from the riverside shallow muddy waters where it had strayed
while driving through the river. These two and their third associate shot dead the person
named Birendra Kumar over this small dispute. From his statement and description the
police tracked and arrested the two offenders while the third person was identified as one
Ranvir Yadav. Fortunately he too was soon arrested in another criminal case. He was
immediately remanded in this case and was identified on the Test Identification Parade
by the driver. Thereafter a charge sheet was filed against the three accused for murder
and possession of illegal firearm u/s 302/34 IPC and 27 Arms Act. The police team was
aware that except the driver there was no other eye witness and since he was working for
the first two accused it was most likely that he could be threatened and won over by the
defense. Accordingly, the police provided protection to him and requested the court to
initiate the trial immediately. During the prosecution stage the police brought out 9
witnesses who helped in linking the Maruti van to the three accused, trace their
movement on the fateful day from the car shop to the place of murder and also brought
evidence that suggested the path taken by the deceased and its time which coincided with
that of the accused. Finally, the testimony of the driver helped establish the motive and
the actual altercation that led to the criminal offense. The police had taken the precaution
to record the statement of the driver and the Maruti van owner under section 164 CrPC
before the magistrate. This helped put pressure upon them in not turning hostile during
the stage of the trail. Their statements and the circumstantial evidence that placed the
accused and the deceased at the place of homicide helped clinched the case and the judge
had no hesitation in finding the three guilty of wanton murder and possession of illegal
firearm. All the three accused were sentenced to life imprisonment and to pay a fine of
Rs. 20,000/- each u/s 302/34 IPC. The court directed that 75% of the fine was to be paid
to the widow of the deceased. The quick prosecution and the precaution of ensuring
protection to the main witnesses helped in getting an early favorable decision of the
court.
The following time line illustrates this:
Date of incident : 09-02-2006
Date of registration of the Case : 09-02-2006
Arrest of the accused : 12-02-2006
Charge Sheet : 26-04-2006
Commitment to the Court of Session : 17-05-2006
Transfer to the Trial Court : 30-05-2006
Judgment : 19-09-2006
Sentence : 22-09-2006

The following cases and their time lines describe similar successes in some other
important cases that were detected and led to quick punishment for the accused persons.

Sohsarai Police Station Case No. 434/2005 dated 31-12-2005 u/s 302 I.P.C. and 27
Arms Act

It was alleged in the FIR that one Bilas Yadav was shot dead by named accused
Ranjeet Kumar @ Bablu Kumar on 31-12-2005 at about 03-30 pm in Sohsarai Police
Station area of Biharsharif. During investigation, the allegation leveled in the FIR was
established by an eye witness and the Post Mortem examination report helped establish
the murder by gun shot. Accordingly police filed Charge sheet against the FIR accused
person. During the trial, prosecution examined eight witnesses including the investigating
officer and the Medical Officer. The eye witness account clearly established that the
accused annoyed at a minor altercation with the deceased had fired two gun shots, one of
which hit and killed him. The description provided by the witness corroborated the
medical examination report that the wounds were caused exactly in manner as suggested
by the statement. The angle and distance seen from the injuries helped establish that
death was by gun shot fired by the accused. The trial was slightly delayed due to the
transfer of the District & Sessions Judge as well as the long summer vacations. However,
the judgment came shortly thereafter and the accused was pronounced guilty on 07-09-
2006 and sentenced to life imprisonment and to a fine of Rs. 2000/- u/s 302 IPC. He was
also awarded rigorous imprisonment for 2 years and a fine of Rs. 1000/- u/s 27 Arms Act.
The following time line illustrates this:
(i) Date of incident :- : 31-12-2005
Date of registration of the Case : 31-12-2005
(ii) Arrest of the accused : 25-02-2006
(iii) Charge Sheet : 28-02-2006
(iv) Commitment to the Court of Session : 22-04-2006
(v) Judgment : 07-09-2006
(vi) Sentence : 11-09-2006

Noorsarai P.S. Case No. 29/2006 dated 12-02-2006 u/s 394,302/34 IPC and 27 Arms
Act

In this case it was alleged in the FIR that deceased Vijay Kumar and his associate
Gaurav Kumar, while returning from a business trip were confronted by three unknown
offenders who stopped and robbed them. Further, during the process of robbing them
these three killed Vijay when he tried to resist. Fortunately his companion Gaurav
managed to escape and became an important eye witness to the incident. The police
immediately swung into action and received some valuable tips that helped in arresting
three suspects named Santosh Kumar, Ramakant Singh and Guddu Kumar. Although,
they refused to acknowledge the crime but could not provide satisfactory answer about
their ovement on the night of the incident. The investigator decided to put them up for
identification by the eye witness. The accomplice Gaurav Kumar identified the 3 accused
on the formal T.I.P conducted under supervision of the court. Based on this identification
the 3 accused were charge sheeted u/s 394, 302/ 34 IPC and 27 Arms Act. All necessary
steps were taken to complete the trial on the priority basis and the court too agreed to
hear the case on a day to day basis. During the trial, sufficient evidence was produced to
establish the charge against the 3 accused persons. All three were found guilty and were
sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.
10,000/-for the offence u/s 394 IPC and further to undergo rigorous imprisonment
rigorous imprisonment for life and to pay a fine of Rs. 20,000/- for the offence u/s 302/
34 IPC and in default of the payment to serve 2 more years of incarceration. The 70% of
the fine imposed was paid to the wife of the deceased in mode of compensation.
The following time line illustrates this:
(i) Date of incident :- : 12-02-2006
Date of registration of the Case : 12-02-2006
(ii) Arrest of the accused : 28-02-2006
(iii) Charge Sheet : 31-03-2006
(iv) Commitment to the Court of Session : 02-05-2006
(v) Transfer to the Trial Court : 15-05-2006
(vi) Framing of Charge : 22-06-2006
(vii) Judgment : 22-08-2006
(viii) Sentence : 25-08-2006

Harnaut P.S. Case No. 22/2006 dated 02-02-2006 u/s 452/302/34 IPC and 27 Arms
Act

It was alleged in the FIR that 4 persons were shot dead by the named accused Jai
Ram Paswan, Hare Ram Paswan, Sudhir Paswan, Mahendra Paswan, Raja Ram Paswan
Paras Paswan and Sheoji Paswan on 01-02-2006 at about 11.00 pm. reason behind the
massacre was old caste enmity and also dispute about the ownership of a piece of land.
During investigation 2 named accused persons Paras Paswan and Jai Ram Paswan were
arrested by the Police. It was established that at the time of the incident one of the
accused, Jai Ram Paswan was lodged in Jail. Despite some inconsistencies in the
statement of the witnesses enough evidence was collected about the involvement of the
amin accused Paras Paswan. The police decided to file an interim charge sheet without
waiting for the arrest of other accused persons, so that Paras Paswan, a dreaded criminal,
could be prosecuted as soon as possible. All necessary steps were taken to complete the
trial on priority basis and sufficient evidence was presented before the court to prove the
involvement of the accused people. Jai Ram Paswan was acquitted based on his alibi that
he was in judicial custody but Paras Paswan was convicted and sentenced for life and to
pay fine of Rs two Lakhs u/s 302/34 IPC. The charges have been proved against the other
absconding accused who are likely to be punished once arrested.

The following time line illustrates this:
(i) Date of incident :- : 01-02-2006
Date of registration of the Case : 02-02-2006
(ii) Arrest of the accused : 10-04-2006
(iii) Charge Sheet : 31-05-2006
(iv) Judgment : 10-10-2006
(v) Sentence : 13-10-2006

Impact of Speedy Trial
As anticipated, the impact of quick investigation and successful prosecution, all
within a short span of time was manifold. First, the moral of police officers themselves
rose sky high. The successes reaffirmed their faith in their own ability to deal with the
criminals operating in the state. Further, they felt assured that the police leadership will
stand by them and will provide them with all the required resources. Most importantly, no
longer did the offenders look untouchable. The successful prosecution also helped gain
their lost reputation and credibility amongst the citizens. The media, instead of baying for
their blood was seeking them out as heroes. On the contrary, convictions and severe
sentences gained them praise from every source. Moreover, the police leadership ensured
that the credit was equally shared amongst the investigating team members and was not
usurped by the SP or one person. The officers began to be meticulous in their
investigation and the successes helped them grow as a professional. It became a matter of
pride that they could not only detect the offenders but also arrest and prosecute them
speedily and through the well established due process of law. The citizens of course were
elated and these convictions helped in gaining their faith in the criminal justice system.
Once they saw the police giving protection to the witnesses, making no distinction
amongst the offenders and going after those reputed to be well connected and possessing
political clout, the people began cooperating with the police. The Prosecutors too found
themselves being taken seriously by the investigators and the direct access to the senior
echelons of police hierarchy gained them much desired status amongst their peers. Each
conviction was a personal success and a feather that they proudly wore. For so many
years the defense attorneys had been ruling the courts and were seen to be more powerful
and competent then the public prosecutors. Now, a reversal had taken place. This even
helped enhance their market value as many had private practice in the courts. The
national media, always critical and sanctimonious now changed its tone (Phadnis 2007).
The police that they were ridiculing and denigrating suddenly was reporting spectacular
achievements that the local media was highlighting. The national dailies that were
ignoring the developments in the state immediately began putting more resources to
cover the face of a new resurgent Bihar police. The same columnists who had written
obituaries of Bihar police began projecting this as a transformation of the maligned Bihar
administration. Finally, the elected representatives who had criminalized the politics of
the state and which could not see beyond caste equations and selfish interests found
themselves out maneuvered. The police were no longer treating their anti-social followers
with glove on their hands. They could not rely upon calling someone higher up to help
and above all politics could not be criminalized any more. The Chief Minister was
determined to support the police leadership and to clean the state. He did not rein the
police when some of his own party members were involved. One Poornamasi Ram, a
prominent Dalit legislator from the ruling Janata Dal (United)-Bharatiya Janata
Party government, was jailed for trying to influence voting in a municipal election
(Phadnis 2007). The quick convictions made most criminals realize that their godfathers
had lost their clout and therefore there was no need for them to remain associated with
them. The cleavage between the politicians and their dangerous henchmen appeared to
divide the dark clouds that had engulfed Bihar for so many years. A ray of sunshine was
evident and which was soon ending the dark night of despair.
Some of the other unforeseen results were equally spectacular. Since a large
number of criminals were being convicted and sentenced to prison, it was breaking
powerful criminal associations and gangs that were at one time matching the firepower
and organized strength of the police itself. Almost every gang suffered depletion with one
or more of its members being apprehended and convicted for several years in some case.
As police began concentrating upon arms violation cases and seized licensed firearms for
misuse the practice of carrying firearms openly in most districts and covertly on trains
and buses came to an end. The possibility of police check and a quick conviction
convinced most small time offenders that display of arms was likely to be fatal. This in
turn helped make road and train travel safer as armed marauders could no longer carry
their arms brazenly. The movement of armed men on roads has come down to almost
zero in the state which in turn helped reduce road crimes and generate a sense of security
amongst the common masses.
The other indicators of changing atmosphere were seen in heinous crimes like
murder and kidnapping for ransom that have reduced drastically. The following table
gives the declining trend in the number of cases reported in the last 10 Years.
Table I
1996 97 98 99 00 01 02 03 04 05
06 (November)
Murder 163 168 183 190 214 210 171 171 209 158
122
Kidnapping 06 15 15 16 09 18 24 29 26 16
05

The latest figures provided by the police department in Bihar suggest that this
initiative of targeting specific cases, criminals and focusing upon ‘speedy trials’ is
continuing and results remain encouraging:

Insert Table II about here

The crimes of extortion leading to murder and gang wars too have come down
significantly. In fact, organized criminal activity has been drastically controlled creating
an environment of safety and confidence in the government. Reduction in lawlessness
and perceptions of growing security has in turn boosted investments in the state. In a
parallel turnaround Bihar is now registering the second fastest economic growth in the
country (Aiyar 2010). The imposition of harsh sentences like life imprisonment and even
the death penalty (eighty three persons have been sentenced to death since 2006) has
transformed the perception of criminality in the state. These convictions have isolated the
criminals as they are no longer seen to be untouchables and ruling the roost. Conviction
implied that they are no longer powerful and to be feared. The most spectacular
conviction was that of Mohammad Shahbuddin, the dreaded mobster cum politician of
RJD party who had been ruling the roost for more than a decade. He finally met his
match and was convicted for kidnapping in March 2007. The clock appeared to have
begun ticking for other criminal politicians and as Nariman (2007) reported- one
Shahbuddin is down with many more to go.
Moreover, in Indian society considerable stigma is attached to imprisonment
which in turn has further helped in breaking the sense of immunity and status enjoyed by
the criminals. It is beginning to be dangerous to associate with and to speak on their
behalf. The belief that crime goes unpunished and that none can dare challenge the
offenders has been shattered. Citizens are beginning to see that those committing the
crimes have to pay. No longer is it possible for lawbreakers to threaten the police or
receive help from the politician. The era of getting out on bail, threatening the witnesses
and getting acquitted after years of endless trial has come to an end. There is growing
belief that crime is certain to be followed by determined police action and this has helped
establish the rule of law and in the efficacy of the system to heal itself. Finally, Bihar
was displaying to everyone that it has firmly established the supremacy of ‘Rule of Law’
and the Criminal Justice system has earned back its credibility. The confidence of all
sections of people which appeared to be lost after years of knocking was restored. Bihar
and its police had turned a new leaf. Not surprisingly, the Chief Minister of Bihar Nitish
Kumar could boast that “it is no longer possible for anybody to commit any crime and get
away with it in Bihar” (Nitish Kumar 2010).

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